[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3648 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3648

       To establish a commission to conduct a study and provide 
  recommendations on a comprehensive resolution of impacts caused to 
            certain Indian tribes by the Pick-Sloan Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2010

   Mr. Dorgan (for himself, Mr. Thune, Mr. Conrad, and Mr. Johnson) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
       To establish a commission to conduct a study and provide 
  recommendations on a comprehensive resolution of impacts caused to 
            certain Indian tribes by the Pick-Sloan Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pick-Sloan Tribal Commission Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Pick-Sloan Missouri River Basin Program (known as 
        the ``Pick-Sloan Program'') authorized by section 9 of the Act 
        of December 22, 1944 (commonly known as the ``Flood Control Act 
        of 1944'') (58 Stat. 891), was approved--
                    (A) to promote the general economic development of 
                the United States;
                    (B) to provide for irrigation above Sioux City, 
                Iowa;
                    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and
                    (D) for other purposes;
            (2) the United States acquired 1,422,000 acres of land in 
        the States of North Dakota, South Dakota, and Nebraska for--
                    (A) the building of mainstem Missouri River dams at 
                Garrison, Oahe, Big Bend, Fort Randall, and Gavin's 
                Point; and
                    (B) the creation of reservoirs behind the dams 
                named Lake Sakakawea, Lake Oahe, Lake Sharpe, Lake 
                Francis Case, and Lake Gavin, respectively;
            (3) the construction of the dams and creation of the 
        reservoirs described in paragraph (2) included the taking of 
        title to land located on the reservations of 7 Indian tribes 
        (but did not diminish the reservations), including the taking 
        of--
                    (A) 156,000 acres from the Fort Berthold 
                reservation;
                    (B) 55,994 acres from the Standing Rock 
                reservation;
                    (C) 104,420 acres from the Cheyenne River 
                reservation;
                    (D) 22,955 acres from the Lower Brule reservation;
                    (E) 15,565 acres from the Crow Creek reservation;
                    (F) 3,252 acres from the Yankton reservation; and
                    (G) 1,703 acres from the Santee reservation;
            (4)(A) the water impounded by the Garrison, Oahe, Big Bend, 
        Fort Randall, and Gavin's Point projects of the Pick-Sloan 
        Program flooded the most fertile and wooded bottom land of the 
        7 Indian tribes referred to in paragraph (3) along the Missouri 
        River;
            (B) that land constituted the most productive agricultural, 
        hunting, and collecting land of those Indian tribes; and
            (C) the majority of the community infrastructure of each 
        tribe was also located on the land;
            (5) the flooding of the productive land described in 
        paragraph (4) greatly damaged the economy and cultural 
        resources of the 7 Indian tribes;
            (6)(A) although those Indian tribes reside on the Missouri 
        River, the economic benefits of the Pick-Sloan Program have not 
        been passed on to the affected Indian tribes; rather
            (B) the operation of the dams creates disproportionate 
        hardships for the Indian tribes, including--
                    (i) poor water quality;
                    (ii) increased trespassing and theft or damage to 
                cultural resources;
                    (iii) artificial sediment deposits that impact 
                water infrastructure and contain unknown contaminants;
                    (iv) harming fisheries, including loss of reservoir 
                retention time;
                    (v) damage to riparian habitat; and
                    (vi) increased recreational traffic and impacts, 
                but with few opportunities to regulate or benefit from 
                recreational uses;
            (7) Congress held a number of hearings and promoted studies 
        of the impacts to those tribes, pursuant to which 
        representatives of the tribes testified on impacts to tribal 
        economies, health, and welfare from the flooding of that land;
            (8)(A) Congress has established prior commissions to study 
        and make recommendations regarding impacts of the Pick-Sloan 
        Program, including the Garrison Diversion Unit Commission 
        established under section 207(c)(1) of the Energy and Water 
        Development Appropriation Act, 1985 (Public Law 98-360; 98 
        Stat. 411), which recommended that a Joint Tribal Advisory 
        Committee be formed to examine and make recommendations with 
        respect to the effects of the impoundment of water behind the 
        Garrison and Oahe Dams;
            (B) the Joint Tribal Advisory Committee was established by 
        the Secretary of the Interior on May 10, 1985, for the purpose 
        of assessing the impacts of the Garrison and Oahe Dams on the 
        Three Affiliated Tribes and the Standing Rock Sioux Tribe;
            (C) the Committee delivered a final report to the Secretary 
        on May 23, 1986;
            (D) in 1992, Congress passed the Three Affiliated Tribes 
        and Standing Rock Sioux Tribe Equitable Compensation Act (title 
        XXXV of Public Law 102-575; 106 Stat. 4731) to address certain 
        findings of the Committee; and
            (E) a number of the findings of the Committee still have 
        not been addressed as of the date of enactment of this Act;
            (9)(A) before the date of enactment of this Act, Congress 
        provided compensation to the 7 affected Indian tribes for the 
        land taken from the tribes over a 55-year period;
            (B) on 17 different occasions, as part of 14 different Acts 
        of Congress, compensation was authorized for the 7 affected 
        Indian tribes; and
            (C) 1 tribe also received compensation through a court 
        case; and
            (10) a single comprehensive bill is needed to resolve and 
        finally settle the claims of the affected Indian tribes because 
        past compensation--
                    (A) was provided at different levels and based on 
                different compensation methods, depending on the 
                historical time period during which the compensation 
                was provided; and
                    (B) resulted in each of the 7 Indian tribes being 
                compensated differently.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affected indian tribe.--The term ``affected Indian 
        tribe'' means any of--
                    (A) the Cheyenne River Sioux Tribe;
                    (B) the Crow Creek Sioux Tribe;
                    (C) the Lower Brule Sioux Tribe;
                    (D) the Santee Sioux Tribe;
                    (E) the Standing Rock Sioux Tribe;
                    (F) the Three Affiliated Tribes; and
                    (G) the Yankton Sioux Tribe.
            (2) Commission.--The term ``Commission'' means the Pick-
        Sloan Tribal Commission for Comprehensive Resolution 
        established by section 4(a)(1).
            (3) Pick-sloan program.--The term ``Pick-Sloan Program'' 
        means the Pick-Sloan Missouri River Basin Program authorized by 
        section 9 of the Act of December 22, 1944 (commonly known as 
        the ``Flood Control Act of 1944'') (58 Stat. 891).

SEC. 4. PICK-SLOAN TRIBAL COMMISSION FOR COMPREHENSIVE RESOLUTION.

    (a) Establishment of Commission.--
            (1) Establishment.--There is established a commission to be 
        known as the ``Pick-Sloan Tribal Commission for Comprehensive 
        Resolution''.
            (2) Membership.--
                    (A) In general.--The Commission shall be composed 
                of 7 members, of whom--
                            (i) 1 shall be the Chairperson of the 
                        Commission;
                            (ii) at least 1 shall have expertise in the 
                        field of Indian law and policy;
                            (iii) at least 1 shall have expertise in 
                        the operation and history of Federal water 
                        projects;
                            (iv) 1 shall have expertise in the area of 
                        environmental justice;
                            (v) 1 shall be an economist; and
                            (vi) at least 1 shall be an authority in 
                        cultural preservation.
                    (B) Tribal membership.--Of the 7 members selected 
                for the Commission, at least 3 shall be members of 
                federally recognized Indian tribes.
                    (C) Selection of commission.--
                            (i) In general.--The Chairperson and Vice 
                        Chairperson of the Committee on Indian Affairs 
                        of the Senate and the Chairperson and Ranking 
                        Member of the Committee on Natural Resources of 
                        the House of Representatives shall--
                                    (I) select the 7 Commission 
                                members; and
                                    (II) appoint 1 of the members to 
                                serve as Chairperson of the Commission.
                            (ii) Recommendations.--The affected Indian 
                        tribes may make recommendations to the 
                        Chairperson of the Committee on Indian Affairs 
                        of the Senate and the Chairperson of the 
                        Committee on Natural Resources of the House of 
                        Representatives regarding members of the 
                        Commission.
                    (D) Deadline for appointment.--All members of the 
                Commission shall be appointed not later than 60 days 
                after the date of enactment of this Act.
            (3) Term; vacancies.--
                    (A) Term.--A member shall be appointed for the life 
                of the Commission.
                    (B) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (4) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the initial meeting of the Commission.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Nonapplicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the 
        Commission.
    (b) Duties.--
            (1) In general.--In carrying out this section, the 
        Commission shall consult with the affected Indian tribes.
            (2) Study.--The Commission shall conduct a study of--
                    (A) with respect to the period beginning on the 
                date of commencement of the Pick-Sloan Program and 
                ending on the date on which the study is initiated--
                            (i) the impacts on the affected Indian 
                        tribes, directly or indirectly, caused by the 
                        Pick-Sloan Program; and
                            (ii) measures implemented by the Federal 
                        Government to attempt to address those impacts;
                    (B) other measures that have been proposed to 
                address the impacts on the affected Indian tribes 
                caused by the Pick-Sloan Program;
                    (C) the results of any other studies regarding 
                those impacts and potential solutions to the impacts, 
                including any studies conducted by the Joint Tribal 
                Advisory Committee relating to the Pick-Sloan Program; 
                and
                    (D) comparisons involving other situations in which 
                Federal hydroelectric projects or federally licensed 
                hydroelectric projects have resulted in the taking or 
                occupation of Indian land and the compensation, or 
                other measures, Indian tribes have been or are being 
                provided in those situations.
            (3) Hearings.--
                    (A) In general.--In carrying out paragraph (2), the 
                Commission shall hold at least 3 hearings to receive 
                information from Federal agencies, Indian tribes, and 
                other interested parties regarding the resolution of 
                Pick-Sloan Program impacts.
                    (B) Public participation.--A hearing under this 
                paragraph shall be open to the public.
                    (C) Records.--For each hearing under this 
                paragraph, the Commission shall--
                            (i) compile a record consisting of 
                        transcripts, written testimony, studies, and 
                        other information presented at the hearing; and
                            (ii) include the record in the report of 
                        the Commission required under paragraph (5), as 
                        an appendix in electronic format.
            (4) Comprehensive resolution.--
                    (A) In general.--Based on the results of the study 
                under paragraph (2), and hearings under paragraph (3), 
                the Commission shall develop a proposal to 
                comprehensively resolve the impacts to the affected 
                Indian tribes resulting from the Pick-Sloan Program.
                    (B) Inclusions.--The proposal under subparagraph 
                (A) shall include--
                            (i) a comprehensive proposal for a program 
                        to provide full and final compensation to the 
                        affected Indian tribes;
                            (ii) a description of the measures referred 
                        to in paragraph (2) that--
                                    (I) have not been implemented;
                                    (II) could be implemented; or
                                    (III) should be implemented in a 
                                more effective manner;
                            (iii) relevant measures that could be 
                        accomplished administratively;
                            (iv) relevant measures that would require 
                        legislation to be implemented; and
                            (v) any other measures necessary to 
                        comprehensively resolve the impacts of the 
                        Pick-Sloan Program on the affected Indian 
                        tribes.
            (5) Report.--
                    (A) In general.--Subject to subparagraph (B), not 
                later than 18 months after the date on which the first 
                meeting of the Commission takes place, the Commission 
                shall submit to the President and Congress a report 
                that contains--
                            (i) a detailed statement of the study 
                        findings and conclusions of the Commission; and
                            (ii) the proposal of the Commission for 
                        such legislation and administrative actions as 
                        the Commission considers to be appropriate to 
                        resolve the impacts on the affected Indian 
                        tribes caused by the Pick-Sloan Program.
                    (B) Extension.--The deadline described in 
                subparagraph (A) may be extended for a period of not 
                more than 180 days if the Commission submits to the 
                Committee on Indian Affairs of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a request for the extension that--
                            (i) is received by the Committees before 
                        the deadline described in subparagraph (A); and
                            (ii) includes a description of the reasons 
                        why the extension is needed.
            (6) Website.--
                    (A) In general.--The Commission shall maintain a 
                website for the period beginning on the date on which 
                the first meeting of the Commission takes place and 
                ending on the date that is 180 days after the date of 
                termination of the Commission.
                    (B) Requirements.--The Commission shall use the 
                website--
                            (i) to describe the activities of the 
                        Commission;
                            (ii) to provide access to information 
                        studied by the Commission;
                            (iii) to provide notice of, and make 
                        available all information presented at, 
                        hearings of the Commission; and
                            (iv) to post the report (including all 
                        appendices to that report) of the Commission 
                        required under paragraph (5).
                    (C) Archiving of website content.--At the time at 
                which the website of the Commission is terminated, all 
                content on the website shall be--
                            (i) collected on compact disk, digital 
                        video disk, or other appropriate digital media; 
                        and
                            (ii) included in the report to be submitted 
                        under paragraph (5).
    (c) Powers.--
            (1) Hearings.--The Commission may hold such hearings, meet 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers to be 
        advisable to carry out this Act.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal agency such information as the 
                Commission considers to be necessary to carry out this 
                Act.
                    (B) Provision of information.--On request of the 
                Chairperson of the Commission, the head of an 
                applicable Federal agency shall provide the information 
                to the Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the Federal Government.
            (4) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Commission 
                may, without regard to the civil service laws 
                (including regulations), appoint and terminate an 
                executive director and such other additional personnel 
                as are necessary to enable the Commission to perform 
                the duties of the Commission.
                    (B) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), the Chairperson of the 
                        Commission may fix the compensation of the 
                        executive director and other personnel without 
                        regard to the provisions of chapter 51 and 
                        subchapter III of chapter 53 of title 5, United 
                        States Code, relating to classification of 
                        positions and General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level IV 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
                    (D) Detail of federal government employees.--
                            (i) In general.--An employee of the Federal 
                        Government may be detailed to serve as staff 
                        for the Commission without reimbursement.
                            (ii) Civil service status.--The detail of 
                        the employee shall be without interruption or 
                        loss of civil service status or privilege.
            (4) Human resources support.--The Commission may request 
        the Secretary of Defense to provide, and the Secretary of 
        Defense shall provide, through human resource departments under 
        the jurisdiction of the Secretary of Defense, on a reimbursable 
        basis, operational support for activities of the Commission.
            (5) Contract authority.--The Commission may, to such extent 
        and using such amounts as are provided in appropriation Acts, 
        enter into contracts to enable the Commission to discharge the 
        duties of the Commission under this Act.
            (6) Volunteer services.--Notwithstanding section 1342 of 
        title 31, United States Code, the Commission may accept and use 
        such voluntary and uncompensated services as the Commission 
        determines to be necessary.
            (7) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (e) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report of the 
Commission under subsection (b)(5).

SEC. 5. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this Act for each 
of fiscal years 2010 and 2011, to remain available until expended.
    (b) Transfer of Funds in Lieu of Appropriation.--
            (1) In general.--For any fiscal year, or at any time during 
        a fiscal year, in which insufficient amounts are available to 
        fund activities of the Commission, the Secretary of the 
        Interior or the Secretary of the Army may transfer to the 
        Commission such unobligated amounts as are available to the 
        Secretary of the Interior or the Secretary of the Army for use 
        by the Commission in carrying out this Act.
            (2) Availability.--Amounts transferred to the Commission 
        under paragraph (1) shall remain available until the earlier 
        of--
                    (A) the date of termination of the Commission; or
                    (B) the date on which amounts that are sufficient 
                to carry out this Act are made available.

SEC. 6. SAVINGS CLAUSE.

    Nothing in this Act diminishes, changes, or otherwise affects--
            (1) the water rights of the affected Indian tribes;
            (2) any other right (including treaty rights) of the 
        affected Indian tribes;
            (3) the status of Indian reservation land or the boundaries 
        of any reservation of an Indian tribe; or
            (4) any Congressional authorization of appropriations for 
        the benefit of the affected Indian tribes.
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